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1145. 'Alqamah narrated that Ibn Mas'ud was asked about a man who married a woman and he did not stipulate the dowry for her, and he did not enter into her until he died. So Ibn Mas'ud said: "She gets the same dowry as other women, no less and no more, she has to observe the Iddah, and she gets inheritance." So Ma'qil bin Sinan Al-Ashja'i stood and said: "The Messenger of Allāh ﷺ judged the same as you have judged regarding Birwa' bint Wāshiq, a woman of ours." So Ibn Mas'ud was happy about that. (Sahih)
(He said:) There is something on this topic from Al-Jarrāh.
(Another chain for the same)
(Abū 'Eisā said:) The Hadith of Ibn Mas'ud is a Hasan Sahih Hadith, and it has been reported from him through other routes.
This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others, it is the view of Ath-Thawrī, Aḥmad, and Ishāq.
Some of the people of knowledge among the Companions of the Prophet ﷺ, among them 'Ali bin Abī Ṭālib, Zaid bin Thābit, Ibn 'Abbās, and Ibn 'Umar said that when a man marries a woman and he does not enter into her, and he does not stipulate a dowry for her until he dies, then she inherits but there is no dowry for her, and she observes the Iddah. This is the view of Ash-Shāfi'i. He said: "If the narration about Birwa' bint Wāshiq is reliable then it is a proof reported from the Prophet ﷺ." It has been related that in Egypt, Ash-Shāfi'i changed this view and his new rulings were in accord with the Hadīth about Birwa' bint Wāshiq.
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Commentary
This narration of Birwa' bint Wāshiq is a Ṣaḥīḥ narration and it proves that if the husband dies without fixing dowry, and without having sexual intercourse, she will get the dowry. She will become an heir and will pass the waiting period prescribed for a widow.
In the Name of Allāh,the Merciful, the Beneficent
